END USER LICENSING AGREEMENT
This End-User License Agreement (“EULA” or “Agreement”) provides the terms and conditions on which, we, Pinsight Media Inc+., (hereinafter “Company”, “InMobi”, “we”, “us”, “our”) with its registered address at 30 Cecil Street, #19-08, Prudential Towers, Singapore- 049712, on behalf of itself and its affiliates, is providing the 1Weather (“Software”) to you, the End User (hereinafter “ End User”, “you” or “your”), for your download and use.
AFFILIATES ” AS USED HEREIN MEANS, WITH RESPECT TO US, AN ENTITY THAT DIRECTLY OR INDIRECTLY CONTROLS, IS CONTROLLED BY OR IS UNDER COMMON CONTROL WITH INMOBI. “CONTROL” FOR PURPOSES OF THIS DEFINITION, MEANS DIRECT OR INDIRECT OWNERSHIP OR CONTROL OF MORE THAN 50% OF THE VOTING INTEREST OF AN ENTITY.
The Software is an application that can be downloaded and used on your mobile phone. The Company is providing the Software solely for the purpose of allowing, you, the End User, to avail of or enjoy the benefits of the Software.
You affirm that you are 18 years of age or above, or if you are a minor (i.e. less than 18 years of age), possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the EULA, and to abide by and comply with the EULA. You must not access the Software or accept the EULA, if you are a person who is either barred or otherwise legally prohibited from receiving or using the Software under the laws of the country in which you are resident or from which you access or use the Software.
You may use the Software only in geographic locations where we offer our service.
1. Grant of License
(a) Subject to the terms and conditions set forth in this EULA, the Company grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to access and use the Software for your lawful and non-commercial use on your mobile phone.
(b) The rights granted include the right to install, copy and use the Software on your mobile phone.
2. Description of other Rights and Limitations.
(a) Restricted Use: You shall not:
(i) use the Software in any manner except as provided in this EULA or related documents.
(ii) reverse engineer, decompile, or disassemble or in any manner decode the Software or make any attempts to do so.
(iii) sublicense the Software to any third parties.
(iv) sell, re-sell, re-distribute, lease, time-share, share, lend or rent the Software to any third parties.
(v) copy any features, functions or user interfaces/graphics of the Software.
(vi) access or modify the source code.
(vii) introduce malicious code in the Software or undertake any activity which negatively impacts or tampers with the security measures of the Company.
(b) Update and Maintenance. Software upgrades may be provided by the Company, as determined by it in its sole discretion. However, the End User shall be responsible to ensure that the Software is updated as and when the Company releases new updates or upgrades.
(c) Separation of Components. The Software is licensed as a single product. Its component parts may not be separated for use.
(d) When using/ accessing the Software you agree and acknowledge that:
(ii) The Software may include advertisements, and other content (“Third Party Content”). We do not create or endorse, nor are we responsible for Third Party Content. Your interaction with the Third-Party Content is at your sole risk and discretion.
(iii)The Software may have relationships with certain sellers or third-party merchants, and we may get paid by brands or deals, including for promoted items. The Software is not a party to, or in any way responsible for, your interactions with a seller or a third-party merchant. The terms and conditions of third party offers, including delivery, rebate, refund, and cancellation policies, are governed by the third-party merchant’s policies, not ours. Please contact the third-party merchants directly for questions regarding the offer or your transaction with the third-party merchant. Third-party offers are subject to the third-party merchant’s terms and conditions for the offers.
(e) We make no express or implied warranties, guaranties, or affirmations that weather will occur or has occurred as the reports, forecasts, graphics, data, briefings or information indicates or represents and we shall have no responsibility or liability whatsoever to any person or entity, parties and non-parties alike, for any inconsistency, inaccuracy, or omission for weather or events predicted/depicted, reported, occurring or occurred.
3. Intellectual Property.
(a) Except for the limited right of access expressly granted under this EULA, all rights, title, and interest in and to the Software (including but not limited to any images, photographs, clipart, libraries, and examples incorporated into the Software), and any associated intellectual property rights will be owned by the Company or it is licensors (as applicable) at all times. The Software is protected by copyright laws and any applicable international treaty provisions.
(b) The End-User shall not acquire any rights, title or interest not expressly granted herein. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or third party licensors have placed on the Software or its components. All rights not expressly granted hereunder are expressly reserved to the Company.
(c) Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
4. Third Party Materials and Components
The Software includes components, software, libraries, which are owned by third parties. In addition to the terms of this EULA, the use of the Software is subject to your compliance with the respective license agreements with respect to such third party materials. Such terms are required to be complied with by you and such terms are set forth at inmobi-license. The terms set forth therein may be updated from time to time and it shall be your responsibility to review the inmobi-license (provided in the hyperlink in this clause) in order to  inform yourself of applicable terms. There are no commitments or agreements being made by such third parties to you.
5. Disclaimer of Warranty.
(a) THE COMPANY MAKES NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE SOFTWARE PRODUCT WILL: (A) MEET YOUR REQUIREMENTS; (B) OPERATE WITHOUT INTERRUPTION; (C) ACHIEVE ANY INTENDED RESULT; (D) BE ERROR FREE, (E) BE COMPATIBLE WITH END-USER SYSTEMS, OR THAT (F) THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE PRODUCT WILL BE ACCURATE OR RELIABLE.
(b) YOUR ACCESS AND USE OF THE SOFTWARE PRODUCT AND YOUR RELIANCE ON THE OUTPUT, FUNCTIONALITIES AND SERVICES PROVIDED BY THE SOFTWARE SHALL BE AT YOUR SOLE RISK AND THE COMPANY SHALL NOT BE LIABLE FOR ANY CLAIMS ARISING OUT OF SUCH RELIANCE BY YOU.
(c) EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES FOR THE SOFTWARE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, CUSTOMARY OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE SHALL REMAIN WITH THE END USER.
(d) THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES RELATED TO THE THIRD-PARTY COMPONENTS MADE AVAILABLE WITH THE SOFTWARE.
End-Users agrees to defend, indemnify and hold harmless the Company, its affiliates and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, actions, suits, costs, debt or expenses (including without limitation attorneys’ fees) arising out of or relating to (i) your use of the Software , (ii) your breach of this EULA, (iii) your breach of any third party intellectual property right in relation to the use or access of the Software or the EULA, or (iv) your violation of any applicable law.
7. Limitation of Liability.
(a) IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY CLAIMS OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY DIRECT, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHATSOEVER ARISING OUT OF OR IN RELATION TO THE SOFTWARE OR ITS USE BY THE END USER OR THE TERMS OF THIS EULA , EVEN IF INMOBI IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
(b) TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF LIABILITY AS PROVIDED FOR HEREIN, THE COMPANY’S CUMULATIVE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, UNDER THIS EULA SHALL BE LIMITED TO USD 10,000.
Without prejudice to any other rights, the Company may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must cease all use of the Software and destroy all copies of the Software and all of its component parts. You agree that InMobi shall not be liable to you or any third-party for any termination or disabling of the Software. Sections 5, 6 and 7 of this EULA will survive the termination of this Agreement.
Should you have any complaints regarding the Software related to abuse and/or misuse of the Software, copyright infringement and the like, or any issues related to data privacy please report the same to Legal@inmobi.com.
Please provide your name, email address, physical address and contact numbers so that the Company may be in a position to verify details or check the authenticity of the complaints.
(a) Force Majeure: in no event shall the Company be liable for any acts beyond its control or for any acts of god.
(b) Access: The Company does not make any claim that the product  and its contents may be lawfully viewed or accessed outside of the United States of America. You are solely responsible for complying with laws applicable to you or your access in the United States of America or abroad. . 
(c) Waiver: No waiver of any provision of this EULA shall be binding unless executed and notified by the Company in writing to you. No waiver of any of the provisions of this EULA shall be deemed or shall constitute a waiver of any other provision and no waiver shall constitute a continuing waiver.
(d) Severability: If any provision of this EULA is determined to be invalid or unenforceable, it will not affect the validity or enforceability of the other provisions of this EULA, which shall remain in full force and effect.
(e) Governing Law: This EULA and the use of the Software shall be governed by and interpreted and enforced in accordance with the laws of the State of Delaware without giving effect to any choice or conflict of laws provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Delaware. Any legal action or proceedings in relation to this EULA or the Software shall be subject to the exclusive jurisdiction of the Court of Chancery of the State of Delaware and any state appellate court therefrom within the State of Delaware. Provided that, if the Court of Chancery declines to accept jurisdiction over a particular matter, any federal court within the State of Delaware shall have exclusive jurisdiction over such matter. Each Party hereby irrevocably submits to the jurisdiction of the courts referred to in this clause and agrees that it will not bring any action relating to this Agreement in any court other than the said courts as agreed to herein.
(f) Waiver of Jury Trial: THE PARTIES BY THEIR ACCEPTANCE OF THE TERMS HEREOF IRREVOCABLY WAIVE ANY AND ALL RIGHTS THEY MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS EULA OR THE USE OF THE SOFTWARE. THE PARTIES ACKNOWLEDGE THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY.